Lewis v Martinez and the persons named in the Schedule (No 6) [2024] NSWSC 543

Supreme Court New South Wales

Medium Neutral Citation: Lewis v Martinez and the persons named in the Schedule (No 6) [2024] NSWSC 543 Hearing dates: 6 May 2024 Date of orders: 10 May 2024 Decision date: 10 May 2024 Jurisdiction: Equity Before: Elkaim AJ Decision: 1. The plaintiff's notice of motion filed on 15 April 2024 is dismissed. 2. The plaintiff is to pay the defendants costs of the motion. 3. The costs referred to in the previous order are not recoverable until the completion of the whole of the proceedings. Catchwords: JUDGMENTS AND ORDERS – motion to set aside and vary orders – application under Uniform Civil Procedure Rules, r 36.16 – whether there was any misapprehension as to different findings and conclusions of law in the primary reasons – whether loss of chance claim for damages was excluded – no basis for amending orders is established Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 36.16, 36.17 Cases Cited: Johnson v McKinnon (No 2) [2022] NSWCA 22 Lewis v Martinez and the persons named in the Schedule (No 5) [2024] NSWSC 359 Majak v Rose (No 5) [2017] NSWCA 238 Phillips v Melville [1921] NZLR 571 State of New South Wales v Hollingsworth (No 2) [2023] NSWCA 283 Tabet v Gett [2010] (2010) 240 CLR 537; HCA 12 Williams v Nicoski [2003] WASC 131 Category: Procedural rulings Parties: Gregory William Francis Lewis (Plaintiff) Juan Martinez and the persons named in the Schedule (Defendants) Representation: Counsel: Mr F Douglas KC (Plaintiff) Mr J Douglas (Plaintiff) Mr D Williams SC (Defendants) Mr A Barnett (Defendants)